SP0155, LD 375, item 1, An Act To Require the State To Enforce Spousal Support Obligations in the Same Manner as Child Support Obligations

An Act To Require the State To Enforce Spousal Support Obligations in the Same Manner as Child Support Obligations

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 19-A MRSA §2103, sub-§3-A, as amended by PL 2011, c. 477, Pt. L, §2, is further amended to read:

3-A. Service fee. In the case of an individual who has never received assistance under a state program and for whom the State has collected at least $500 in child support or spousal support, the State shall impose an annual $25 fee for each child support enforcement case that is:

A. Retained by the State from child support collected on behalf of the individual after the collected support exceeds $500;

B. Paid by the individual applying for services;

C. Recovered from the noncustodial parent or spousal support obligor; or

D. Paid by the State out of its own funds. The annual fee may not be considered as an administrative cost of the State for operation of child support enforcement services and must be considered income to the program under which the individual has received child support enforcement services.

The nonfederal share of the annual fee collected pursuant to this subsection must be deposited as General Fund undedicated revenue.

Sec. 2. 19-A MRSA §2103, sub-§7 is enacted to read:

7. Spousal support-only cases. The obligee under a spousal support order may request the services of the department to collect the spousal support even if there is no order for child support to be paid to the obligee. Upon the request of a spousal support-only obligee, the department shall collect the spousal support using the remedies available for the collection and enforcement of child support and may charge the fees established in this section.

summary

This bill directs the Department of Health and Human Services to use the remedies currently available for the collection and enforcement of child support to collect spousal support even when the recipient of the spousal support is not owed any child support. The department may charge the same fees that the department charges for child support collection assistance.

SP0155 LD 375	Session - 126th Maine Legislature		LR 709 Item 1
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